A Common Intention Trust in the Case Oxley vs Hiscock Study

A Common Intention Trust in the Oxley vs Hiscock - Case Study Example A common intention trust has been helpful in establishing the need for fairer distributions of assets of trusts which must take into account the changing social equations of the day, where the traditional institution of marriage has begun to shed its conventional form and cohabitation has become more common. In the case of disputes over shared property, the case of Oxley v Hiscock has served to consolidate the principles of the common intention trust and the extent of proprietary estoppel that may be exercised by the contending parties.The case concerned a couple Ms Oxley and Mr. Hiscock, in reference to a property that was purchased by them, to which Ms Oxley had contributed about a 35% share while the major burden of the investment was borne by Mr. Hiscock out of his own savings and the proceeds of another home they had owned together. Ms. Oxley and her children lived in the new home with Mr. Hiscock and the couple had cohabited together for many years, although the sole title owne r was Mr. Hiscock. This was a case in which no trust declarations had been made, however there was evidence available to lead to an inference of common intention for both parties to enjoy beneficial shares in the property, although the extent of these beneficial shares were not specified. At the lower Court, the Judge found evidence to indicate the existence of a common intention trust and inferred an equal beneficial share in the property. However, this was appealed by Mr. Hiscock on the grounds that he had made a larger contribution to the property in question and allocating the beneficial interests on an equal 50:50 basis was unfair to his interests. At the Court of Appeal, the Court examined the issues and framed two salient issues to be examined where there is no express declaration of trust:- the existence of a common intention trust based upon the expressed intent of the parties to share beneficial interests and- the extent of the beneficial interests that could be attributed to each party.